20130472 Ver 5_Corps R 3601 nw 23 reverification_20150330

SAW-2007-03641-010
Reve�fication 3/30/2015, Elect�onicallv T�ansrnitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-03641 County: Brunswick U.S.G.S. Quad: Wilmin�ton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: NC DOT Agent: NC DOT
Attn: Mr. Richard Hancock, P.E. attn: Ms. Amv James
Address: Manager, PDEA PDEA-Natural Environment Section
1598 Mail Service Center 1598 Mail Service Center
Raleigh, NC 27699 Raleigh, NC 27699
Size (miles) 2+ Nearest Town Leland
Nearest Waterway Brunswick River/Alligator Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.2344
Longitude: -77.9795
Location description: The proiect area is along US 17/7a/76 from the NC 133/SR 1472 interchange to the US 421/NC 133
interchange crossing Brunswick River and Alligator Creek near the Cape Fear River floodplain in Brunswick Countv.
Description of projects area and activiry: The NCDOT propose to widen the aforementioned stretch of road from four to six
lanes which also involves the replacement of brid�es over the Brunswick River and Alligator Creek. Additionally, the
northbound bridge will be the start of an additional seventh lane that will continue on US 17 into Wilmington. The current
proiect would result in the permanent loss of 0.38 acres of non tidal wetlands, 0.03 acres of tidal wetlands, and 105 linear feet
of intermittent stream. This verification additionally covers changes necessary for to accomplish minimum clearance under
bridges 107 and 108 for safety inspections crossing Alligator Creek. There will be an additiona10.01 acre of riparian wetland
impacts to meet the minimum clearance.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
� Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 23.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application, modified Nationwide 23 repuest dated March 12, 2015 and impact summary sheet
dated March 25, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the narionwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide perinit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will reinain aL►thorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modificarion or revocarion, unless
discrerionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorizarion.
Activities subject to Secrion 404 (as indicated above) may also require an individual Secrion 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at [phone].
This Departtnent of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or loca] approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Brad Shaver at 910-251-46ll or Brad.E.Shaverna usace.army.mil.

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above describcd project arca subject to the permit requirements of
Section 10 of the Rivcrs and Harbors Act and Section 404 of the Clcan Water Act. Unlcss there is a change in the ]aw or our
published regulations, this determination may be rclicd upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the abovc described project area subjcct to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in thc law or our published regulations,
this determinarion may be relied upon for a period noY to cxceed five years from thc date of this norification.
D. � The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 10/6/2008 and 2/24/2010. Action ID: SAW-2007 3641.
BaS1S FOr DeteYminatlOn: The subject area exhibited both an ordinary high water and had characteristics of
wetlands as described in the 1987 Corps Delineation Manual and both resources are abutting or drain to the Cape Fear River,
Brunswick River, or Alligator Creek, all of which are traditionally navigable water bodies that are subject to the ebb and flood
of tides.
Remarks: The updated permit drawings are numbered 28, 29, and 44. Attached is the new
mitigation transfer form.
All conditions from previous verifications remain valid.
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Corps Regulatory Official: °�te20150330092609040° Date: 3/30/2015
Expiration Date of Verification: 03/l8/2017
The Wilmington District is committed to providing the highest level of support to the public. To help us cnsure we continuc to do so,
please complcte our customer Satisfaction Survey online at http://per2.nwp.usacc.army.mil/surve. .� .
Copy furnished (electronic):
NCDENR-DWR, Mr. Mason Herndon
NCDOT-NES, Mr. Chris Rivenbark
NCDENR-DCM, Mr. Stephen Lane
NCDENR-DCM, Mr Steve Sollod
NCDOT-Div 3, Mr. Stonewall Mathis
USACE, Mr. Todd Tugwell
NCEEP, Ms. Beth Harmon

Action ID Number: SAW-2007-03641-010
Permittee:
Project Name
NCDOT-PDEA
County: Brunswick
NCDOT/R-3601/US 17-74-76/Division 3
Date Verification Issued: 3/30/2015
Project Manager: Brad Shaver
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Brad Shaver
69 Darlington Ave
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date